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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Roshan Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Pankaj Jain, J.
Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.088 dated 13.03.2023, registered for the offence punishable under Section 15(C) of NDPS Act, 1985 (Sections 27-A, 29, 61 and 85 of NDPS Act, 1985 added later on) at Police Station Pehowa, District Kurukshetra.
2. As per the case of prosecution, a secret information was received regarding the petitioner alongwith Narender Singh son of Mahender Singh and Karam Singh son of Mukhtar Singh indulging in trade of narcotics. Petitioner alongwith the other two accused were apprehended riding truck bearing No.PBll-BR-9674 and 230 kg of poppy husk was recovered. Petitioner was apprehended from the spot sitting at the rear seat of cabin.
3. Counsel for the petitioner submits that the petitioner was neither the driver nor the owner of the truck. He has drawn attention of this Court to the order dated 17.11.2023, whereby driver of the truck Narinder Singh stands admitted to bail invoking Section 167(2) of Cr.P.C. and further submits that vide same order Karam Singh the 3rd person who was travelling also stands released on bail granting concession of 16
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
The main legal point established in the judgment is the recognition of the right to speedy trial under Section 36 of the NDPS Act and the balance between this right and the rigors of Section 37 in gr....
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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